R. v. Gloade

R. v. Gloade

The court found the accused committed an extended, premeditated fraud breaching a position of trust and causing $9,933.70 loss; balancing statutory sentencing principles and Gladue factors, the need for denunciation and deterrence required custody but mitigation warranted an intermittent custodial term; accordingly the court imposed 60 days intermittent custody concurrent, 36 months probation with restorative and supervisory conditions, a restitution order for $8,595.45, a fine in lieu of forfeiture of $8,595.45 (reduced by restitution payments and with restitution given priority), and a 10-year prohibition under s.380.2.

Citation
2019 NSPC 55
Parties
Crown: Her Majesty the Queen; Defendant: Tammy L. Gloade
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
7 August 2019
Procedural Posture
Criminal Fraud and Forgery / Sentencing
Outcome
Accused pleaded guilty; sentenced to 60 days intermittent imprisonment (concurrent on counts), 36 months probation with conditions, restitution and forfeiture/fine in lieu and a 10-year prohibition under s.380.2.
Legal Topics
Fraud, Forgery, Sentencing, Restitution, Forfeiture / Proceeds of Crime, Aboriginal (gladue) Sentencing, Breach of Trust
Source Language
English
Criminal Law Fraud Forgery Sentencing Restitution Forfeiture / Proceeds of Crime Aboriginal (gladue) Sentencing Breach of Trust

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Parties

Her Majesty the Queen

Crown

Tammy L. Gloade

Defendant

Procedural Posture

Criminal Fraud and Forgery / Sentencing

Legal Issues

  1. 1 Whether custodial sentence is required for fraud over $5,000 and uttering forged document given breach of trust and extended scheme
  2. 2 Application of Gladue principles to an Indigenous, first-time offender
  3. 3 Appropriate quantum and form of restitution and fine in lieu of forfeiture under Part XII.2

Ratio Decidendi

The court found the accused committed an extended, premeditated fraud breaching a position of trust and causing $9,933.70 loss; balancing statutory sentencing principles and Gladue factors, the need for denunciation and deterrence required custody but mitigation warranted an intermittent custodial term; accordingly the court imposed 60 days intermittent custody concurrent, 36 months probation with restorative and supervisory conditions, a restitution order for $8,595.45, a fine in lieu of forfeiture of $8,595.45 (reduced by restitution payments and with restitution given priority), and a 10-year prohibition under s.380.2.

Court Disposition

Accused pleaded guilty; sentenced to 60 days intermittent imprisonment (concurrent on counts), 36 months probation with conditions, restitution and forfeiture/fine in lieu and a 10-year prohibition under s.380.2.

Orders

  • Sixty (60) days intermittent custody to be served Fridays 20:00 to Mondays 17:00 commencing August 16, 2019 (both offences concurrent)
  • Probation for 36 months with conditions including keep the peace and be of good behaviour, report to probation officer within two days and as directed, notify of changes of address/employment, not to possess controlled substances except by prescription, complete 140 hours community service by February 8, 2021, make...